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Author Topic:   Missouri's ID and Anti-Science Bill
Dr Adequate
Member (Idle past 314 days)
Posts: 16113
Joined: 07-20-2006


(1)
Message 8 of 45 (690428)
02-13-2013 2:24 AM
Reply to: Message 1 by NoNukes
02-12-2013 8:53 PM


Equal time? That's so 1980s. McLean v. Arkansas, anyone?
But I guess if creationists learned from their failures, they'd stop being creationists.

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 Message 1 by NoNukes, posted 02-12-2013 8:53 PM NoNukes has replied

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Dr Adequate
Member (Idle past 314 days)
Posts: 16113
Joined: 07-20-2006


Message 19 of 45 (690516)
02-13-2013 10:42 PM
Reply to: Message 17 by Genomicus
02-13-2013 7:39 PM


Re: Not constitutional
But the authors might argue that its secular purpose is in advancing science education. This argument is thoroughly unsound, of course, because that bill would significantly impair science education, but having a poor secular purpose is not unconstitutional.
But see Edwards v.Aguillard:
While the Court is normally deferential to a State's articulation of a secular purpose, it is required that the statement of such purpose be sincere, and not a sham. See Wallace v. Jaffree, 472 U.S. at 64 (POWELL, J., concurring); id. at 75 (O'CONNOR, J., concurring in judgment); Stone v. Graham, supra, at 41; Abington School Dist. v. Schempp, 374 U.S. at 223-224.
The fact that creationists can lie about their motives, which they will, doesn't mean that the court has to take their lies at face value, which it won't if their previous failures are anything to go by.

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Dr Adequate
Member (Idle past 314 days)
Posts: 16113
Joined: 07-20-2006


(5)
Message 23 of 45 (690561)
02-14-2013 10:18 AM
Reply to: Message 21 by kofh2u
02-14-2013 9:41 AM


Again? Really?
Do you have to trot this out on every thread?

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Dr Adequate
Member (Idle past 314 days)
Posts: 16113
Joined: 07-20-2006


(1)
Message 31 of 45 (690935)
02-18-2013 7:13 AM
Reply to: Message 28 by Genomicus
02-17-2013 5:47 PM


Re: Not constitutional
Fair point, and here you've probably made the most compelling case for why this bill is unconstitutional in nature. Still, how do we know that this bill's secular purpose is really just a sham?
'Cos they always are. And if this one gets as far as a court, it shouldn't be hard to prove it.
After all, the author's probably sincerely believe that this bill will improve science education in their state.
Well, what is a secular purpose?
Suppose that a state legislator in a drought-stricken state believes on religious grounds that a sacrifice of goats to God will make it rain, and tries to pass a law providing for the provision of sacrificial goats out of the state budget. Now, does he have a secular purpose just because he sincerely believes that the goat sacrifice will achieve the laudable secular goal of making it rain?
Edited by Dr Adequate, : No reason given.

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Dr Adequate
Member (Idle past 314 days)
Posts: 16113
Joined: 07-20-2006


(3)
Message 36 of 45 (692333)
03-01-2013 9:12 PM
Reply to: Message 35 by Genomicus
03-01-2013 7:28 PM


Now that the unconstitutional nature of this bill has been demonstrated, let me ask this: the motivation of the authors aside (since their motivations clearly cannot be changed), what in the bill would have to be changed to make it constitutional?
Well ... being a completely different bill about something else altogether?
I don't see that there's any constitutional way to smuggle creationism into the classroom. But you shouldn't be asking us, you should ask any right-wing think-tank, I'm sure they'll have a great idea which will turn out not to work.
I don't think any version of it will work. Judges will be alert to this. They know that creationists have spent the last umpteen ideas trying to fool a judge and slip one past him and the First Amendment. Who wants to be the first judge to say: "And I am that fool!" Especially since it would then go to appeal. The line has been drawn.
If creationists want their opinions taught in classrooms, they should try to set creationism on a sound scientific footing. But they seem to spend more money on lawsuits than they do on that. A cynic might suggest that this is because they know that they have more chance of winning a lawsuit than of producing scientific evidence in favor of their case.

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Dr Adequate
Member (Idle past 314 days)
Posts: 16113
Joined: 07-20-2006


Message 42 of 45 (692365)
03-02-2013 3:51 AM
Reply to: Message 40 by NoNukes
03-01-2013 11:58 PM


How about Alabama Supreme Court Justice Roy Moore? Justice Moore was removed from office 10 years ago for disobeying a federal order to remove a Ten Commandments display from the state judicial building. He was recently re-elected to his old position.
I've certainly heard of him. Also today I've heard of a woman who drowned her nine-year-old son on the grounds that his penis was too small, and she killed him to spare him the pain of growing up with an undersized penis.
I don't deny the existence of mad people, even of mad judges. I just have a confidence, not absolutely certain, but statistical, that given the hierarchy of judicial decisions, one insane person in a position to which he is absolutely unsuited will not win.

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